WEU PENSION SCHEME RULES

Transcription

1 CHAPTER I - GENERAL PROVISIONS TABLE OF CONTENTS Article 1 Scope Article 2 Deferred entitlement Article 3 Definition of salary Article 4 Definition of service conferring entitlement to benefits Article 5 Calculation of service conferring entitlement to benefits Article 6 Reckonable years of service Article 6 bis Part-time service effects on the calculation of entitlement CHAPTER II - RETIREMENT PENSION AND LEAVING ALLOWANCE Section 1: RETIREMENT PENSION Article 7 - Conditions of entitlement Article 8 - Age of entitlement - deferred pension or early pension Article 9 - Commencement and cessation of entitlement Article 10 - Rate of pension Section 2: LEAVING ALLOWANCE Article 11 - Leaving Allowance Section 3: INWARD AND OUTWARD TRANSFER OF PENSION RIGHTS Article 12 Inward and outward transfer of pension rights CHAPTER III - INVALIDITY PENSION Article 13 - Conditions of entitlement - Invalidity Board Article 14 - Rate of pension Article 15 - Earnings rule Article 16 - Medical examination - Termination of pension Article 17 - Commencement and cessation of entitlement CHAPTER IV - SURVIVOR'S AND REVERSION PENSIONS Article 18 - Conditions of entitlement Article 19 - Rate of pension Article 20 - Reduction for difference in age Article 21 - Remarriage Article 22 - Rights of a former spouse Article 23 - Commencement and cessation of entitlement Version October 2014 Page 1 of 87

2 CHAPTER V ORPHAN S PENSION AND DEPENDANT'S PENSION Article 25 - Rate of pension Article 25 bis Rate of dependant s pension Article 26 Commencement and cessation of entitlement Article 27 - Beneficiaries of more than one category CHAPTER VI FAMILY ALLOWANCES Article 28 Conditions CHAPTER VII CEILING ON BENEFITS Article 29 Ceiling on benefits for surviving spouse, former spouse(s), orphans and/or dependants CHAPTER VIII PROVISIONAL PENSIONS Article 30 Conditions of entitlement CHAPTER IX DETERMINATION OF THE AMOUNTS OF BENEFITS Section 1: ASSESSMENT OF ENTITLEMENT Article 31 Organisation responsible for the assessment Article 32 No double entitlement Article 33 Basis of calculation Article 34 Re-assessment - Cancellation Article 35 Requirement of evidence Forfeiture of rights Section 2: ADJUSTMENT OF BENEFITS Article 36 Adjustment of benefits Section 3: PAYMENT OF BENEFITS Article 37 Mode of payment Article 38 Sums owed to the organisation Article 39 Right of subrogation CHAPTER X FINANCING THE PENSION SCHEME Article 40 Financial charge Article 41 Staff member s contribution costing the scheme CHAPTER XI PROVISIONS RELATING TO ADJUSTMENT OF PENSIONS Article 42 Pensions which are subject to national tax legislation Version October 2014 Page 2 of 87

3 CHAPTER XII - TRANSITIONAL ARRANGEMENTS APPLICABLE TO STAFF WHOSE SERVICE BEGAN BEFORE 1ST JULY, 1974 Section 1: STAFF WHOSE SERVICE DID NOT TERMINATE BEFORE 1ST JANUARY, 1973 Article 43 Scope Article 44 Pensions with credit for past service Article 45 Pensions without credit for past service Article 46 Bonus for service after the age of sixty Article 47 Bonus for loss of previous pension rights Article 48 Provident Fund Section 2: STAFF WHOSE SERVICE TERMINATED BEFORE 1ST JANUARY, 1973 Article 49 Scope Section 3: HARDSHIP ALLOWANCE Article 50 Hardship Allowance CHAPTER XIII FINAL PROVISIONS Article 51 Co-ordination Article 52 Detailed implementation Article 53 Entry into force Version October 2014 Page 3 of 87

4 CHAPTER I - GENERAL PROVISIONS Article 1 - Scope 1. The Pension Scheme established by these Rules applies to staff holding indefiniteterm or definite or fixed term appointments in: the Council of Europe; the European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT) the European Centre for Medium-Range Weather Forecasts (ECMWF) the European Space Agency (ESA) (ex-european Organisation for the Development and Construction of Space Vehicle Launchers (ELDO) and the European Space Research Organisation (ESRO); the North Atlantic Treaty Organisation (NATO); the Organisation for Economic Co-operation and Development (OECD); and the Western European Union (WEU) who are not affiliated to any other pension scheme set up by one of these Organisations after 31 December This Scheme shall not apply to other categories of personnel defined in each Organisation, such as experts, consultants, temporary staff, auxiliary staff, employees and personnel hired under local labour legislation. 3. In these Rules, the term "Organisation" refers to that Organisation listed in paragraph 1 above which employs the staff members to whom these Rules apply and the term "staff member"(*) means the staff referred to in paragraph 1 above. Instruction Non-permanent Staff Each Organisation shall precisely define what categories of staff are referred to in paragraph 2 of Article 1 of the Rules, that is to say, what categories of staff do not rank as permanent staff eligible for benefits under the Pension Scheme. Article 2 - Deferred entitlement 1. Where the medical examination which every staff member has to undergo as part of the appointment process (and the possible consequences of which have been duly notified to him before his appointment) shows him to be suffering from an illness or disablement, the Organisation may decide that, as regards risks arising from an illness or disablement existing before he took up his duties, the said staff member shall not be entitled to the invalidity or death benefits provided for in these Rules until the expiry of a period not (*) In the present Regulations, the terms staff members and beneficiaries apply equally to men and women Version October 2014 Page 4 of 87

5 exceeding five years from the date when he entered the service of the Organisation. If a staff member leaves an Organisation and takes up employment in another Organisation within a period of not more than six months, the time spent in the service of the first Organisation shall be deducted from this five-year period. Instructions 2.1/1 - Medical examination The Organisation shall inform the staff member in writing of the application of a period of deferred entitlement and of its duration, which may be from one to sixty months. The Medical Consultant of the Organisation shall inform him in writing of the nature of the illness or disablement which justified the application of the deferment period. 2.1/2 - Definition of entitlements during the deferment period i) If the staff member concerned leaves the Organisation during the deferment period, the leaving allowance shall be paid to him and the years of service completed during the deferment period shall be taken into account. In the event of either permanent total invalidity or death resulting from a cause which justified the deferment period in course: a) Should such an event occur before the staff member has fulfilled the condition provided for in Article 7, the staff member or the beneficiaries shall be entitled to a lump sum, calculated in accordance with the provisions of Article 11; b) Should such an event occur after the staff member has fulfilled the condition provided for in Article 7 - and if this condition was fulfilled during the deferment period, the staff member or the beneficiaries shall be entitled to a lump sum calculated in accordance with the provisions of Article 11, in respect of the reckonable years of service credited within the meaning of Article 6; - and if this condition was fulfilled prior to the deferment period, the staff member or the beneficiaries shall be entitled to both a lump sum calculated in accordance with the provisions of Article 11, in respect of the reckonable years of service completed during the deferment period, and the benefits to which they would have been entitled before the staff member s appointment. i In the event of either permanent total invalidity or death resulting from either an accident at work, or an illness or disablement other than that which justified the deferment period, and which occurred after commencement of duties, the staff member or the beneficiaries shall be entitled to the benefits provided by the Pension Scheme for such events. Version October 2014 Page 5 of 87

6 Article 3 - Definition of salary 1. For the purposes of these Rules, salary shall be the monthly basic salary of the staff member, according to the scales in force in the Organisations listed in Article The salaries taken into consideration for the calculation of benefits shall be those of serving staff members, whether in respect of pensions to be paid in the future or those actually being paid. Article 4 - Definition of service conferring entitlement to benefits 1. Subject to the provisions of Articles 5 and 41, paragraph 1, entitlement to benefit under these Rules shall be determined by the total of the periods actually served in the Organisations listed in Article 1: i) as a staff member; in any other capacity prior to appointment as a staff member, provided any periods so served were not separated by breaks of more than one year. 2. In addition to the total reckonable years of service thus calculated, a staff member may request, on cessation of work, that periods of service corresponding to certain statutory indemnities be taken into account, in particular payment in lieu of notice, for loss of employment and for leave not taken, under the provisions laid down by Instruction (*). 3. Periods of part-time service shall be taken into consideration in calculating entitlement to benefit under these Rules provided they correspond to at least half-time work as defined by the provisions laid down by Instruction. 4. The periods referred to in Article 16, paragraph 3, shall also be taken into consideration. Instructions 4.1/1 - Service counting for entitlement Service counting for entitlement shall consist of the following: i) Any periods of service completed on behalf of a Co-ordinated Organisation by a staff member before the Staff Regulations or the Provident Scheme came into effect; such service must have been completed under an appointment issued by the Organisation or by the Provisional Committee or Secretariat from which the Organisation emanated; i Any periods of service completed as a staff member; Any periods of sick leave or temporary incapacity in respect of which benefits (*) Unless otherwise provided, the term provisions laid down by Instruction refers, throughout these Rules, to the implementation provisions in Article 52 of the Pension Rules. Version October 2014 Page 6 of 87

7 have been paid; the person concerned shall be required to have paid his personal contribution to the Pension Scheme as calculated on the amounts so received; such periods shall be counted without any reduction; iv) Any periods of unpaid leave, if such periods are not taken into account by a new employer for the purposes of a pension scheme; the crediting of periods of unpaid leave equal to or less than two months shall be dependent on payment, for these periods, of the staff member s personal contribution to the Pension Scheme; the crediting of periods of unpaid leave beyond two months, and up to a maximum of the four months following, shall be dependent on payment by the staff member, for these periods, of a contribution equal to three times his personal contribution to the Pension Scheme; v) Any periods of secondment, should the staff member be reinstated, provided that these periods are not taken into account for the purposes of another pension scheme; the detailed rules for the crediting of such periods shall be laid down in the regulations applicable to staff; 4.1/2 - Service completed in another capacity before appointment as a permanent staff member Periods of service referred to in Article 4.1 may be taken into account in accordance with Article 5, paragraph 5, if the following conditions are fulfilled: i) such periods must have been prior to the appointment as a staff member; such service must have been completed in the full-time or at least half-time employment (*) of the Organisation, or of more than one Organisation mentioned in Article 1; Such employment must have been remunerated according to periods of time and not by the job or piece, being service performed on the premises and under the control and to the instructions of the Organisation, according to its hours of work; The staff member must have received all his emoluments for the service mentioned in the above sub-paragraph directly from the Organisation. i iv) any such periods completed in the service of the same Organisation, or of more than one Organisation mentioned in Article 1, must not have been broken for more than 12 consecutive months; in accordance with the provisions of Instruction 6.2, periods so to be taken into account must be of a minimum of thirty days; periods of part-time work, equal to or more than half time, shall be taken into account as a proportion of full time. The periods thus validated must total at least 30 days of full time. (*) Employment is used in the general sense: this applies in particular to the English text, bearing in mind OECD employees. Version October 2014 Page 7 of 87

8 4.2 Crediting of reckonable years of service corresponding to indemnities A staff member may request, on cessation of work, the crediting of reckonable years of service corresponding to: i) compensatory payments in respect of leave not taken; compensatory payments in lieu of notice; i indemnity for loss of employment. Such reckonable years of service shall be credited subject to payment by the staff member of the personal contribution to the pension scheme or Provident Fund in respect of all these amounts and insofar as the periods on which the calculation was based are not taken into account by a new employer for the purposes of a pension scheme of a Co-ordinated Organisation. Only reckonable years of service corresponding to periods below the statutory age limit may however be taken into account for the calculation of benefits provided for in these Rules Definition of half-time service A staff member shall be considered as working half-time, within the meaning of Article 4, paragraph 3, when the number of his working hours, calculated on a monthly basis, is equal to half the number of full-time working hours. Article 5 - Calculation of service conferring entitlement to benefits 1. Where a staff member appointed by the Organisation has previously served with one of the Organisations listed in Article 1 (*), his entitlement to benefits under the terms of Article 4 shall be conditional upon his paying over to the Organisation which re-appoints him the amounts paid to him on leaving his previous service: i) pursuant to Article 11; in respect of his Provident Fund holding, within the limits stated in Article 44, paragraph.2, plus compound interest on such amounts at 4 percent per annum from the date when the staff member received them until the date when they are paid over in accordance with this paragraph. Should the staff member fail to pay over the amounts in question, reckonable years of service shall count only as from the new appointment. 2. Where a staff member appointed by the Organisation was previously drawing a retirement pension in respect of service with one of the Organisations listed in Article 1, (*) Insofar as the Scheme set up by the present Rules is made applicable to staff members of the European Union Institute for Security Studies and Satellite Centre, Agencies of the European Union and previously of the WEU, a Member organisation of Co-ordination from the outset, such staff members shall benefit from the provisions of the present Article and of the other provisions of the Rules referring to Article 1. Version October 2014 Page 8 of 87

9 payment of that pension shall cease. If the staff member refunds to the Organisation offering him a new appointment the pension payments he has received, the provisions of Article 4 shall apply on cessation of his new appointment. If he does not make this refund, the years of service for which credit was acquired in the employment that originally entitled him to payment of the discontinued retirement pension shall be taken into account in the calculation of the retirement pension due on cessation of his new employment by reference to the salary for his last grading in such previous employment; moreover, that part of the final pension figure shall be abated by 5 percent for each whole year during which the staff member drew the initial pension before the age of Where a staff member ceases his functions at a grade and step lower than that which he had previously held in the Organisation or in a previous Organisation, his entitlement to benefits under these Rules shall be determined by taking into account the total of his reckonable years of service and the benefits shall be calculated on the basis of the salary for the highest grading held by him. However, a reduction shall be made in the number of years of service to be credited to him in respect of time served at a lower grade or step after having held the grade by reference to which benefits are calculated; this reduction shall be proportionate to the difference between the said gradings. 4. For the implementation of paragraphs 2 and 3 above, salaries shall be taken into account in accordance with the scales in force when the final pension assessment is made. 5. The crediting of the periods referred to in Article 4, paragraph 1 shall be conditional on: i) the staff member submitting an application to that effect within six months following his taking up duty as a staff member; the application shall specify the periods of service with which the staff member wishes to be credited; i the Organisation giving its agreement; the staff member paying, for each month of service with which he is to be credited, the contribution provided for in Article 41 of the Rules, of his first monthly salary as a staff member. Instructions 5.1/1 - Service completed in a Co-ordinated Organisation as a staff member i) Application for any service referred to in Article 5 paragraph 1 or paragraph 2, to be taken into account must be made not later than twelve months after the new appointment, or before the expiry of the option period prescribed in Article 44 or 49. Where, pursuant to Article 11, the staff member received a leaving allowance Version October 2014 Page 9 of 87

10 at the end of his previous appointment, then pursuant to Article 5, paragraph 1, no partial crediting of such service shall be allowed; accordingly, the staff member concerned shall be required either to refund such leaving allowance in full or to forego the right to have the corresponding service credited. i iv) Save where Article 44, paragraph 3 applies, the provisions of sub-paragraph above shall also apply to any amounts which the staff member concerned had previously received in respect of a holding in the Provident Fund on leaving an Organisation, within the limit of the cost of crediting past service specified in Article 44, paragraph 2. Should the staff member fail to make a full refund immediately, he may be authorised to make such refund, at the latest, as from the expiry of the period referred to in sub-paragraph i) above, by monthly deductions of not less than 20 percent of the amount of salary, as defined in Article 3, received at the time of beginning such refunds; compound interest at the rate of 4 percent per annum shall be applied to the amount outstanding, until the refund has been made in full. v) If at the date on which any benefit under the Pension Scheme is payable, such refunds have not been completed, the balance still due shall be repaid in its entirety, except where Article 44, paragraph 3 applies, through deduction from the benefits to be paid, including those payable to persons entitled under the staff member. The Organisation may authorise payment by instalments, in which case compound interest at the rate of 4 percent per annum shall be applied to the amount outstanding, until the refund has been made in full. vi) v In the event of incapacity, death or termination of the service of the staff member concerned, any amount still remaining unpaid shall be set off against the capital sums due to him or to the persons entitled under him, in accordance with the provisions of Instruction 38.1, and the balance still due shall be deducted in accordance with the provisions of sub-paragraph v) above. In the event of the termination of his service without any payment of leaving allowance pension, the staff member concerned may request time not exceeding twenty-four months in which to make up all or part of any refund then still outstanding, subject to the provisions of sub paragraph v). 5.1/2 - Crediting of service completed before appointment as a staff member i) Application to be credited with service completed before appointment as a staff member must be made within six months after confirmation of the said appointment or before the expiry of the option period prescribed in Article 44 or 49 in the case of staff members whose service began before the commencement of the said option period. Persons entitled under a deceased staff member may not apply in his place for service to which this Instruction applies to be credited, with the exception Version October 2014 Page 10 of 87

11 of persons entitled to avail themselves of the Transitional Arrangements and to whom Articles 43, paragraph 3 and 44, paragraph 4 apply. i Service shall be credited subject to payment of the contribution referred to in Article 41 as calculated on the basis of the first monthly salary as a staff member and multiplied by the number of months of service in respect of which rights are credited, a pro rata deduction being made, where appropriate, for part-time service. First monthly salary here means the salary corresponding to full-time employment in the grade and step of the staff member, whether he be recruited on a full-time or a part-time basis. Such payment may be paid by instalments in the form of monthly deductions from emoluments, commencing not later than the end of the relevant period referred to in sub-paragraph i) above and spread over period not exceeding the duration of the previous service so credited. Interest at 4 percent per annum shall be due in respect of any part of the payments which is deferred beyond such period at the request of the staff member. If, at the date on which any benefit under the Pension Scheme is awarded, such payments have not been completed, the balance still due shall be deducted from the benefits to be paid, where necessary by instalments. iv) On making his application to credit such service as aforesaid, the staff member shall be required to consent to the Organisation s having first claim on any capital sums payable in the event of his death or invalidity or of the termination of his service, to the extent of any amounts then still outstanding in respect of crediting such service. v) In the event of the termination of his service, the staff member or persons entitled under him may request time not exceeding twelve months in which to make up any amount then still outstanding, subject to the provisions of subparagraphs i and iv) above Non-refund of previous pension payments Example illustrating the application of Article 5, paragraph 2, last sub-paragraph, of the Rules: i) First pension paid from age 52 to 54 Reduced pursuant to Article 8.4 of the Rules (T = salary used as basis of calculation) (20 reckonable years of service at 2%) Version October 2014 Page 11 of 87

12 Second pension paid from age 54 to 60 (T = salary used as basis of calculation at age 60) (6 reckonable years of service at 2%/Leaving Allowance) Total Pension i.e. 0.4T 0.04 T T i In the final calculation of the total pension, the pension between brackets has now been reduced pursuant to Article 5.2 not Article 8.4 of the Rules; the amount as stated in i) above is reduced to 90% i.e. 10% Termination of service at a lower grade For the implementation of Article 5, paragraph 3 of the Rules, the calculation shall be made as illustrated below: i) on previous termination of service (or at highest point in career before downgrading): 10 years service, grading on departure, A5/5 = theoretical final salary: 100 = T i.e. 10 years reckonable service. Version October 2014 Page 12 of 87

13 on final termination of service: 10 years served in second period, grading on departure, A4/5 = theoretical final salary: 75 = T the reckonable service in respect of the second period will thus be reduced in the ratio: i.e. 7.5 reckonable years. i iv) Total: = 17.5 years reckonable service. Total pension will be calculated on the basis of: T = 100 x 17.5 reckonable years of service. Article 6 - Reckonable years of service 1. The benefits provided for under these Rules shall be calculated by reference to reckonable years of service consisting of: i) service calculated in accordance with Articles 4 and 5; service credited in accordance with Article 12, paragraph Incomplete years of reckonable service shall be taken into account on the basis of one-twelfth of a year for each whole month of service. For benefit calculation purposes the period remaining shall be treated as a whole month if it is equal to or more than 15 days. However, the period remaining shall not be taken into account for the purpose of calculating the 10 years service required for entitlement to the retirement pension provided for in Article In the case of part-time work: i) reckonable years of service shall be calculated in accordance with the ratio between the working hours corresponding to part-time service and the official number of hours for full- time work in the Organisation; however, reckonable years of service shall not be reduced when the staff member authorised to work part-time has contributed to the pension scheme on the basis of full-time work, by paying, in addition to his personal contribution to the Pension Scheme for the part corresponding to his part-time work, a contribution equal to three times the rate of contribution mentioned in Article 41, paragraph 4, on the difference in salary between his part-time work and the corresponding full-time work, under the provisions laid down by Instruction. Version October 2014 Page 13 of 87

14 Instruction Fractions of a month Any fraction of less than thirty days remaining after aggregating periods of service shall be treated as a whole month if it is equal to or more than fifteen days and disregarded if it is less than fifteen days. 6.3 Non reduction of reckonable years of service A staff member authorised to work part-time may request to contribute to the Pension Scheme on the basis of full-time work, provided that these periods are not taken into account by another employer for the purposes of a pension scheme and the amount of the supplementary contribution referred to in Article 6, paragraph 3 is paid in accordance with the provisions of Article 41, paragraph 2. The staff member should make his request not later than the eighth day following the beginning of the period for which he is authorised to work part-time. This request shall be final, unless an exceptional derogation is granted by the Secretary / Director General upon receipt of a duly justified request from the staff member. Article 6 bis - Part-Time service - Effects on the calculation of entitlement 1. Where at the time of termination of his service an official was working part-time, the salary taken into account in calculating his pension entitlement shall be that payable for fulltime work at his grade and step as provided in these Rules. 2. However, when an official terminating his service in the circumstances described in paragraph 1 above had been recruited to serve on a part-time basis, or authorised to work part-time for an indefinite period or for a fixed-term renewable by tacit agreement, and if the provisions of Article 6, paragraph 3 are not applied, the rate of the invalidity pension provided for in Article 14, paragraph 2, and the minimum and maximum amounts that apply, shall be set in accordance with the provisions laid down by Instruction. Instruction 6 bis 2/1 - Benefit payable to a staff member who has only worked part time i) For the purposes of calculating the benefit payable under Article 6 bis, paragraph 2, to a staff member who has only worked part time, the following shall be reduced by an amount corresponding to the ratio between the number of hours actually worked and the official number of hours for full-time work: (a) the maximum rate of retirement pension provided for under Article 10, paragraph 2 and the maximum amount of retirement pension provided for under Article 10, paragraph 3; (b) the rate of invalidity pension under Article 14, paragraph 2, and the minimum amount of invalidity pension provided for under Article 14, Version October 2014 Page 14 of 87

15 paragraph 4; (c) the maximum amount of invalidity pension provided for under Article 14, paragraph 4, and the salary referred to in Article 15; (d) (e) (f) (g) the minimum amounts of survivor s pension provided for under Article 19, paragraph 3; the minimum amounts of orphan s pension provided for the first beneficiary under Article 25, paragraphs 3 and 4, as well as the increases provided for under Article 25, paragraphs 3 and 4, for orphans in respect of the second and every further beneficiary; the amount of the dependant s pension provided for under Article 25 bis, paragraph 2; the ceiling for benefits payable to survivors and orphans as defined in Article 29. However, when a staff member was recruited by the Organisation for parttime service, after having worked full time for one of the Organisations listed in Article 1, he shall be subject to the provisions of Instruction 6 bis 2/2 provided he pays over, if appropriate, the sums specified in Article 5, paragraph 1 or Article 5, paragraph 2, as the case may be. 6 bis 2/2 - Benefit payable to a staff member who, at the time of termination of his service, is working part time for an indefinite period or for a fixed period renewable by tacit agreement, having previously worked full time i) For the purposes of calculating the benefit payable under Article 6 bis, paragraph 2 to a staff member authorised to work part time for an indefinite period or for a fixed period renewable by tacit agreement, the following shall be reduced in accordance with the ratio between the number of hours actually worked and the official number of hours for full-time work: (a) (b) (c) (d) the rate of invalidity pension under Article 14, paragraph 2, and the minimum amount of invalidity pension provided for under Article 14, paragraph 4; the minimum amounts of survivor s pension provided for under Article 19, paragraph 3; the minimum amounts of orphan s pension provided for the first beneficiary under Article 25, paragraphs 3 and 4, as well as the increases provided for under Article 25, paragraphs 3 and 4 for the second and every further beneficiary of an orphan s pension; the amount of the dependant s pension provided for under Article 25 bis, paragraph 2. Version October 2014 Page 15 of 87

16 However, when a staff member fulfils the conditions laid down in Article 7 at the date from which he is authorised to work part time for an indefinite period or for a fixed period renewable by tacit agreement, the benefit resulting from application of the provisions of sub-paragraph i) above, may not be less than that to which he or his authorised representatives would have been entitled had he ceased working for the Organisation at that date for a reason other than invalidity or death. Version October 2014 Page 16 of 87

17 CHAPTER II - RETIREMENT PENSION AND LEAVING ALLOWANCE Section 1 : RETIREMENT PENSION Article 7 - Conditions of entitlement 1. A staff member who has completed ten or more years service, within the meaning of Article 4, in one or more of the Organisations listed in Article 1, shall be entitled to a retirement pension. Instructions 7.1/1 - Service for the purposes of Article 4 For the purposes of Article 4, service as a staff member in one or more of the Organisations referred to in Article 1 shall be: - periods served prior to 1 July 1974, which have been credited, and for which the corresponding cost has been paid, under Article 44; - periods served after 1 July 1974, in respect of which the staff member s contributions to the Pension Scheme have been paid in accordance with Article 5, paragraphs 1 i) and 5; - periods referred to in Article 16, paragraph 3, in accordance with Article 4, paragraph /2 - Part-time service Without prejudice to Article 6, paragraph 3 i), periods of part-time service shall be considered periods of full-time service within the meaning of Article 7. Article 8 - Age of entitlement - Deferred pension and early pension 1. A staff member shall become eligible for a retirement pension at the age of Pension rights shall continue to accrue to a staff member continuing to be employed after pensionable age, but his pension shall not exceed the maximum amount laid down in Article 10, paragraph If a staff member ceases his functions before pensionable age, payment of his retirement pension shall be deferred until he reaches that age. 4. However, a staff member who retires before pensionable age may request early payment of his pension provided he is at least 50 years old. Version October 2014 Page 17 of 87

18 In such a case, the amount of the retirement pension shall be reduced by reference to the age of the staff member when payment of his pension begins, as shown in the table below. Age when payment of pension begins Ratio of pension on early retirement to pension at Instruction Method of reducing pension - early pension i) Early retirement pension shall be calculated as follows: - if the pension that would be due with no reduction at age 60 is lower than the minimum rate prescribed in Article 10, paragraph 3, it shall be brought up to that minimum rate and the reduction provided for in Article 8, paragraph 4, shall then be applied to it; - if the pension that would be due with no reduction at age 60 is higher than the aforesaid minimum rate, the reduction shall be applied to it even if the result is lower than that minimum. i iv) The reductions provide for in Article 8, paragraph 4 shall be applied by reference to whole years, no account being taken of months. Family allowances shall be paid and calculated in accordance with the provisions of the Instructions of Article 28. Under the conditions laid down in Article 8 and in this instruction, an early pension may be requested at any time between age 50 and 60, once the staff member s service has terminated. Such requests must be in writing and dated. v) Subject to the provisions of Article 5, paragraph 2, payments shall begin, irrevocably, on the first of the month following the date on which the request was made. Version October 2014 Page 18 of 87

19 Article 9 - Commencement and cessation of entitlement 1. Entitlement to payment of a retirement pension shall commence on the first day of the month following that in which the person concerned became eligible for payment of the pension. 2. Entitlement shall cease at the end of the month in which the person receiving the pension dies. Article 10 - Rate of pension 1. The amount of the retirement pension shall be, per reckonable year of service within the meaning of Articles 6, 2% of the salary corresponding to the last grade held by the staff member for not less than one year before cessation of his appointment and the last step held in that grade. 2. The maximum rate of the pension shall be 70% of this salary, subject to the provisions of paragraph 3 below. 3. The amount of the retirement pension shall not be less than 4% of the salary for grade C1, step 1, per reckonable year of service credited pursuant to Articles 6; it may not, however, exceed the staff member's last salary as defined in Article 3. Instructions 10.3/1 - Part-time service The minimum rate of the retirement pension shall be calculated on reckonable years service to be taken into account where applicable in fractions corresponding to any part-time service in accordance with Article 6, paragraph 3 i); this minimum shall therefore be equal to 4% of the salary for grade C1, step 1, per year of service thus credited. 10.3/2 Termination of service at a lower grade In cases where Article 5, paragraph 3 is applied, the minimum rate of the retirement pension shall be equal to 4% of the salary for grade C1, step 1, per year of service, without any reduction. Section 2 : LEAVING ALLOWANCE Article 11 - Leaving allowance 1. A staff member whose service terminates otherwise than by reason of death or invalidity and who is not entitled to a retirement pension nor to the benefit of the provisions of Article 12, paragraph 2, shall be entitled on leaving to a payment of: i) the aggregate amount deducted from his salary in respect of his pension contribution, together with compound interest at the rate of 4% per annum; Version October 2014 Page 19 of 87

20 i an allowance equal to one month and a half of his last salary multiplied by the number of reckonable years of service credited within the meaning of Article 6 (*); one-third of the amounts paid to the Organisation under the provisions of Article 12, paragraph 1, together with compound interest at the rate of 4% per annum. Should, however, the whole of these amounts have to be refunded to his previous employer, the reckonable years of service corresponding to those amounts shall be disregarded in the calculation of the leaving allowance. 2. Termination of service shall be defined by each Organisation. Instructions 11.1/1 - Refund of personal contributions i) For the purpose of the refund of any personal contributions which at the time of their payment were calculated on the basis of a scale other than that of the last country of service, the amounts involved shall be converted at the rate of exchange applicable in the Organisation at the date of the refund. However, the person may request that the said personal contributions be refunded in the currency or currencies of the above-mentioned scale. The refund of the said contributions shall be calculated at the rate of 4% per annum up to the last day of the month preceding the actual payment. 11.1/2 - Staff member whose service terminates at the end of a period of unpaid leave When final termination of service occurs at the end of a period of unpaid leave during which no contributions were made to the Pension Scheme, the amounts stipulated in Article 11 shall, notwithstanding Instruction 11.1/1, be calculated on the basis of rights acquired and salary at the date of commencement of that period, without any subsequent adjustment or interest. 11.1/3 Compulsory repayment of the leaving allowance A staff member who has received a leaving allowance as provided in Article 11, paragraph 1, but whose service has not terminated according to Article 11, paragraph 2, shall repay the whole leaving allowance received upon his previous appointment, in accordance with the provisions laid down in instruction 5.1/1 sub-paragraphs iv) to v. The time limit for application set out in instruction 5.1/1 i) shall not apply. (*) Refer to Article 33, paragraph 7 Version October 2014 Page 20 of 87

21 Section 3: INWARD AND OUTWARD TRANSFER OF PENSION RIGHTS Article 12 - Inward and outward transfer of pension rights 1. A staff member who enters the service of the Organisation after leaving the service of a government administration or national organisation, or international Organisation not listed in Article 1, paragraph 1 or a firm, may arrange for payment to the Organisation in accordance with the provisions laid down by Instruction, of any amounts corresponding to the retirement pension rights accrued under the pension scheme to which he was previously affiliated in so far as that scheme allows such a transfer. In such cases, the Organisation shall determine, by reference to the provisions laid down by Instruction, the number of years of reckonable service with which the staff member shall be credited under its own pension scheme. 2. A staff member who leaves the service of the Organisation to enter the service of a government administration or national organisation, or international Organisation, not listed in Article 1, paragraph 1, which has entered into an agreement (*) with the Organisation, shall be entitled to transfer to the pension fund of that administration or organisation: either the actuarial equivalent of his retirement pension rights accrued under these Rules, such equivalent being calculated in accordance with the provisions laid down by Instruction; or in the absence of such rights, the amounts provided under Article If, as a result of a staff member's transfer from one Organisation listed in Article 1 paragraph 1 to another, the leaving allowance is paid by an Organisation other than that which received the amounts referred to in paragraph 1 above, Article 11 3 shall apply as if the Organisation responsible for paying the leaving allowance had received the amounts referred to. Instructions Inward transfer of previously accrued rights i) Previous periods of affiliation to a pension scheme a) Reckonable years of service shall be credited pursuant to Article 12, paragraph 1, subject to the conditions set out in this Instruction, in respect of a period of affiliation to the last pension scheme prior to appointment in the Organisation. Such affiliation may cover periods served in several administrations, organisations or firms, on condition that all these rights have been taken into account by the pension scheme of the last administration, organisation or firm before appointment in the Organisation. (*) See list of agreements on the transfer of pension rights circulated to Staff by Administrative Memorandum Version October 2014 Page 21 of 87

22 b) An amount shall be taken into account under this Instruction only if it has been certified by the previous pension scheme as being the amount of the actuarial equivalent of retirement pension rights or a capital payment in respect of rights to a pension or rights under a provident scheme (excluding compensation for dismissal or a leaving gratuity), and it must represent the total amounts paid to the staff member by the previous pension scheme in question. The total amounts paid shall be taken to mean the amounts representing the total rights transferable to the Organisation. Staff members shall not be entitled to transfer only part of their accrued rights where that part is not equal to the transferable minimum. Amounts taken into account For the purpose of calculating the reckonable years of service credited under Article 12, paragraph 1, the amounts indicated in sub-paragraph i) b) above shall be taken into account, as calculated by the previous pension scheme - as a capital sum, and with interest where applicable - as at the date on which they are paid to the Organisation (*); any conversion into the currency of the salary paid by the Organisation shall be made at the rate of exchange in force on that date. i Calculation of reckonable years of service The number of reckonable years of service to be credited under Article 12, paragraph 1, shall be calculated on the basis of the table annexed to this Instruction, by dividing the amounts taken into account under sub-paragraph above by the coefficient corresponding to the age of the staff member as at the date of payments of the amounts, and then by dividing the resultant amount by the theoretical value of a reckonable year of service (2% of the annual basic salary), established on the basis of the salary corresponding to the staff member s grade and step as at the date of payment of the amounts. iv) Maximum number of reckonable years of service Taking such reckonable years of service into account shall not have the effect of bringing the total pension up to more than the maximum rates prescribed in Article 10. v) Time limits for application and revocation Failing any special provisions in a reciprocal transfer agreement entered into by the Organisation, application for the amounts referred to in sub-paragraph above to be taken into account by the Organisation shall be made in writing: (*) The accrued rights are invariably rights which are not yet due or the actuarial equivalent thereof Version October 2014 Page 22 of 87

23 (a) (b) (c) either within 6 months from the date of notification of confirmation of appointment after the probationary period; or within twelve months from the date on which the previous pension scheme allowed such transfers; as a transitional measure, by in the case of staff in post before (*) The application to transfer pension rights may be revoked by the staff member at any time before the payments provided for in sub-paragraph above have been made in accordance with sub-paragraph vi) below. The application to transfer pension rights shall be null and void if the payments provided for in sub-paragraph above have not been made at the time of the staff member s termination of service. vi) Time limit for payment Payment of the amounts referred to in sub-paragraph above shall be made: - within three months after the expiry of the time limit prescribed in subparagraph v) above, if the person concerned has actually received such amounts from his previous employer; - on receipt of such amounts from the previous employer in other cases. Payment to the Organisation shall be made in the currency - or its equivalent value at the rate of exchange in force on the date of actual payment to the Organisation - in which the amounts referred to in sub-paragraph above have been or will effectively be paid by the previous pension scheme. v Outward transfer to a subsequent pension scheme Pursuant to Articles 11, paragraph i, and 12, paragraphs 2 and 3, the amounts paid to the Organisation under this Instruction and later refunded wholly or partly to a staff member who has not completed at least 10 years of service within the meaning of Article 4, shall be increased from the time of their payment to the Organisation by compound interest of 4% a year to be paid by the Organisation responsible for paying the leaving allowance. (*) This request shall be submitted before the request for the payment of a pension. Version October 2014 Page 23 of 87

24 Transfer of pension rights to an outside scheme i) Time limit for application a) Application for transfer of pension rights under Article 12, paragraph 2, must be made by the staff member to the Organisation in which his service has terminated within six months after his definitive appointment by the new administration or organisation referred to in Article 12, paragraph 2. b) If the Organisation is unable to conclude with the new administration or organisation referred to in Article 12, paragraph 2, an agreement for such transfer on terms which it considers satisfactory, it shall confine itself to making immediate payment of the amounts referred to in Article 11, paragraph 1, or to immediate or deferred payment of a retirement pension. Conditions as to transfer The amounts referred to in Article 12, paragraph 2 may be transferred only to the pension fund of the administration or organisation referred to in Article 12, paragraph 2, that is to say, to the statutory or contractual pension scheme in force in that administration or organisation. i Calculation of amounts to be transferred The actuarial equivalent of the retirement pension rights referred to in Article 12, paragraph 2, shall be calculated on the basis of the table annexed to this Instruction, the annual pension acquired in the Organisation established on the basis of the salary scale in force at the date on which the staff member ceases his functions - being multiplied by the coefficient corresponding to the age of the staff member at that date. Version October 2014 Page 24 of 87

25 ANNEX TO INSTRUCTIONS 12.1 i AND 12.2 i Age Coefficient Age Coefficient 20 4, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,900 Version October 2014 Page 25 of 87

26 CHAPTER III - INVALIDITY PENSION Article 13 - Conditions of entitlement - Invalidity Board 1. Subject to the provisions of Article 2, an invalidity pension shall be payable to a staff member who is under the age limit laid down in the Staff Regulations and who, at any time during the period in which pension rights are accruing to him, is recognized by the Invalidity Board defined below to be suffering from permanent invalidity which totally prevents him from performing his job or any duties proposed to him by the Organisation corresponding to his experience and qualifications. 2. The Invalidity Board shall consist of three medical practitioners, the first two being appointed by the Organisation and the staff member, respectively, and the third one selected jointly by the first two. Cases shall be submitted to it by the Organisation either on its own initiative or at the request of the staff member concerned. Instructions 13/1 - Transitional arrangements Staff members who were already receiving invalidity benefit in respect of total permanent incapacity and who have subsequently opted to join the Pension Scheme under Article 44 or 49, shall not be required to undergo a further examination by the Invalidity Board under Article 13, but shall submit to the medical examinations referred to in Article /2 Period of non-activity i) The invalidity pension shall not be payable if it results from an illness or accident occurring during unpaid leave or a period of non-active status which did not give rise to contributions to the Pension Scheme (leave for personal reasons, military service). On the other hand, it shall be payable if the events mentioned above occur during a period of non-active status which follows a period of sick leave, and during which the staff member is in receipt of an allowance for temporary incapacity; in such event, he shall continue to pay contributions to the Pension Scheme in accordance with Instruction 4.1/1 i. The same shall apply to any periods of unpaid leave provided for under Instruction 4.1/1 iv). 13/3 - Invalidity Board Tasks of the Invalidity Board i) Subject to the provisions of Article 2, the tasks of the Invalidity Board are: a) to ascertain whether a staff member is suffering from invalidity within the meaning of Article 13, paragraph 1; b) When an incident is recognised by the Organisation as falling within the scope of Article 14, paragraph 2 (work accident, occupational disease or public-spirited-act), to decide to what extent the staff member s invalidity is the result thereof; Version October 2014 Page 26 of 87